West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1887-11-25

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statement of official record signed
by the Governor. He has no certifi-
cate asrequired by the Constitution,
and this is the vital difference be-
tween his case and mine. If were
to die tomorrow the Senate could
not, in my opinion, swear in Judge
Faulkner on the credentials which
he now holds. Ihave not the slight
est doubt of the legality of my posi-
ton, and do not see how the Senate
can do otherwise than seat me II 1t
desires to uphold the Constitutions
of the United States and of West
Virginia. l have made most thor
ough and exhaustive examination OF
the law, and am satisfied that 1T is
on my side"
"The contest rests, does it not, on
the action of the extra session of the
Legislature in electing Judge Faux
ner?"
Yes. The Legislature was con-
vened in executive session, as we call
it, by the Governor for specific pur-
poses set forth in his proclamation.
Now it is distinctly stated in our
State constitution that the Legisla-
ture when so convened shall enter
upon no business except that stated
in the proclamation by which it was
called together The Senatorial
question was not referred to in the
proclamation, and yet the Legisla-
ture went through the form of elect
ing Senator. This act, in my
opinion, and l believe the majority
of the legal profession in my State
sustains me, was a violation of the
constitution. More than this, if the
Legislature had the right to do this,
it could have redistricted the State
appointed Presidential electors, pro-
posed and adopted constitutional
amendments or anything else it saw
fit. If its present action is sustain
ed, very wide door is opened and a
precedent mad which will absolutely
destroy the policy and purpose OF the
constitution in restricting the bust
ness of executive sessions OF the
Legislature to certain specified bust
ness"
"Are there any presidents al ready
established"
MY case, / believe" was the reply
lis a peculiar one. Only one other
State, if my knowledge is correct,
has a clause in its constitution SINH
lar to the one / have just quoted.
That State is Illinois, from whose
constitution We copied the provision.
In 1872, when the city of Chicago
was burned, the Governor of Illinois
convened an extraordinary session
of the Legislature to meet The emer-
gency. According to the position
taken by Judge Faulkner's friends
that Legislature could have taken up
The most important questions OF
State policy, entirely regardless of
the specifications of the proclama-
ton. l hold it could not, and | have
come to Washington to look up this
and other precedents to aid me in
nv case. OF course it is natural
that more Difference should be paid
to the choice of Legislature than
to the appointment of a Governor,
but preference of that sort, in this
case, would involve the destruction
of most important clause of our
State constitution and a violation OF
the Constitution of the United States
We cannot, l think, surrender to
sentiment what is due to principal,
and the Senate has uniformly refus-
ed to do so heretofore"
lis there any likelihood of another
session of the Legislature being
called?"
mo, and the fight must be fought
out on its present basis. Should |
be seated l would hold the position
until the Legislature meets in Jan
uary, 1889, chooses my successor
and he qualities. Judge Faulkner,
on the other hand, would serve for
six years from the 4th oflast march.
what is the feeling regarding
President Cleveland in West Vir-
ginia?'
$50 far as / know Mr.. Cleveland
stands high with the Democracy OF
my State, the feeling in his favor
being rather tribute to what is re-
garded of his honest and indepen-
dent course since he has been in the
Presidential chair. There is a very
considerable class Of the Democracy,
however, who think that the patron
age in the State was very unfortu-
nately delegated to our Senators and
Representatives and that their seiec-
tions have not in very many instances
been in accord with the wishes of
the majority of the party nor in ac-
cord with the best interests of our
country. j think that is very gen
eral sentiment throughout the
State"
us that sentiment strong enough
to lose the State ?"
II would not put it in that light
exactly. 1 would, however, say this
that the vote of the last election
in West Virginia was a pretty close
one. According to my estimate the
Democrats carried the State ut the